Subject: Incomplete work on Phase 1 of the Palladium Grand complex at Dhanori, Pune reg…..

Dear Mr. Kumar,

We the residents of the Palladium Grand Complex located at the S/no. 17/1-A/2, Dhanori, Pune 411015 would like to bring following facts to your urgent & immediate attention.

1. Above said project was developed by M/s Palladium Properties a joint venture between M/s. Shreyas Shelters, Pune and M/s. Raojee Constructions, Pune. Project was launched in 2007, and phase 1 was handed over to the flat owners w.e.f. 2009.

2. While giving the possession the developers collected the maintenance for 12-24 months from majority of the flat owners on the pre-text that this is for providing maintenance & upkeep of the campus until the cooperative society is formed. Collection of the maintenance amount further continued till May/June 2012.

3. However, since June 2012 developers have discontinued maintenance and provision of essential services without any proper intimation to the flat-owners or residents. Also, the developers did not make efforts for the formation of cooperative society; as a consequence there is no such cooperative society until this date.

4. Since, June 2012 the self-help group of the flat owners has shouldered the responsibility of making provision for essential & life saving services.

5. The residents further brought to the notice of the builder(s)/developer(s) from time to time since 2009, that several facilities and infrastructures which were promised [to both the Pune Municipal Corporation at the time of sanctioning of plan, and to the flat owners at the time of selling the units] were left incomplete. Instead of taking serious note of their concerns and attempting to finish the Phase 1 in its entirety, at least one of the developers resorted to heavy handedness and even used threatening approach to silence the voice of the flat owners.

6. In 2013 a group of residents approached PMC to provide the entire file of this said project under the provisions of Rights to Information Act, 2005. When the documents were scrutinized a can of worms were spilled over and the flat owners were shocked as to how far and how deep they were cheated by the developers.

7. Since, then we have approached your good office and also the developers with a request to complete the Phase 1 of this project in all respect. Regretfully, we wish to note the response from the developers has not been encouraging. Further, the response form different offices of PMC too have not been very supportive.

8. Therefore, we are compelled to submit this memorandum for your kind consideration, with a hope that you will instruct your officers and various departments of the PMC to take note of our concerns and ensure that the developers take actions in rectification at the earliest.

9. Our submissions are noted below together with our concerns, queries and requests:

Change of Plan

As per the documents procured from your office under Rights to Information Act, 2005; it has been noticed that the builders/developers have submitted a revised plan for Palladium Grand complex vide commencement certificate no. CC/2935/14 dated 24th December 2014. It has been observed that builder / developers have incorporated major changes to their originally sanctioned plan, which are likely to cause severe inconvenience, serious health risks and breach of trust [as the builders are depriving the flat owners by removing existing structure / facilities which were being availed by the residents of the complex since the possessions were given] as established under the sales agreement.

We were also shocked that builders/developers have not consulted, sought consent or informed the flat owners about such major and drastic changes to the layout plan of phase 1, which is being occupied by the residents.

a. Did your officers or relevant department(s) was aware of this fact, that developers have not made consulted, sought consent or informed the flat-owners & residents of Phase 1?

b. How come your officer(s) or relevant department sanctioned the above-mentioned plan when Phase 1 has not been completed in its entirety?

c. We have noted that as per the revised plan the builder/developers are planning to construct & commission 273 m3 STP (swage treatment plant) in the immediate vicinity of the residential buildings.

d. We have further noted that developers / builders are planning to install the transformer very next to the existing residential building, which is likely to cause health hazards and threat to life.

e. Further, according to the new plan some of the existing infrastructure (such as amphitheater, swimming pool & other amenities) will be demolished, therefore depriving the residents of phase 1 of any recreational, cultural and wellness facilities.

f. Given the above-mentioned circumstances, what action(s) would you propose to be taken against the defaulting developers who might have violated the PMC established norms?

g. What plans and curative measures you would like to propose to ensure that existing infrastructure is not demolished and new facilities are not causing any health hazards and theart to life of the residents of Phase 1?

Water Supply:

While submitting a proposal for this project, developers vide affidavit nos. 6089 dated 9th November 2003 & [copy attached] has given the undertaking that they as the developers are aware that PMC is not in a position to supply sufficient quantity of water. Thus, developers pledged that they would ensure the supply of good quality water either through bore wells or through water tankers at their own expense. However, till date residents have been paying for the restricted, inadequate and sub standard quality supply of water. We are pained to inform you that PMC supplied drinking water is not available to the residents since the so-called completion of Phase 1. Further, developers have discontinued bore well water supply and tanker water supply without any prior intimation. Therefore, we would like to enquire with you the following:

h. Did your officers or relevant department(s) was aware of this fact, that developers have not made appropriate and adequate provisions for the supply of water that can cater to the entire Phase 1?

i. How come your officer(s) or relevant department provided completion & occupancy certificate when the pledges sworn by the developers through above-mentioned affidavits were not fulfilled?

j. Since, 2009 has your officer(s) or relevant department tried to ascertain whether pledges made by the builder through above mentioned affidavits have been fulfilled or not?

k. In response to our letter PG-00020/2014 dated 30th November 2015 in connection with water supply, Bund Garden Water Supply office of the PMC vide its letter 1351 dated 19th December 2014 [copy enclosed] responded that this is an internal issue between the residents and the builder, and that we must resolve it ourselves.

l. Such a response from the PMC is not only discouraging, but also in clear violation of its role as a monitoring and rules implementation authority.

m. Given the above-mentioned circumstances, what action(s) would you propose to be taken against the defaulting developers who have clearly violated the pledge made through an affidavit?

n. What action(s) you would propose against the officers or the departments of the PMC which overlooked the pledges of the affidavit, and provided completion and occupancy certificate to the developers without ensuring that the pledge has been complied with in letter & spirit?

o. What instructions or penalties or punitive measures you would impose upon the developers who have blatantly violated the pledge for providing service of essential commodities such as water?

p. What plans and curative measures you would like to propose to ensure that the occupants are supplied with adequate quantity of water either by the developers or by the relevant PMC mechanism?

q. How and what actions you and relevant departments will initiate to ensure that this facility is provided to the flat owners in immediate near future?

r. How and what measures you and the relevant departments will initiate to compensate [or order developers to compensate] to flat owners for pain & trauma they have undergone for non provision of this facility, which needs to be fulfilled according to the pledges made in above mentioned affidavits provided willfully by the developers?

Solar Water Heaters:

While sanctioning the plan proposed by the developers, the Office of the Dy. City Engineer (Development Plan) vide its commencement certificates nos. DPO/10396/H/75 dated 17 March 2006, DPO/4765/H/84 dated 11 Sept 2006 and DPO/8826/H/91 dated 18th January 2007 developers were asked to provide solar water heaters. However, we are pained to inform you that developers have not provided any kind of solar water heating infrastructure.

a. Did your officers or relevant department(s) was aware of this fact, that developers have not made appropriate and adequate provisions for the solar water heaters that can cater to the entire Phase 1?

b. How come your officer(s) or relevant department provided completion & occupancy certificate without ensuring that solar water heaters are indeed provided by the developer?

c. Given the above-mentioned circumstances, what action(s) would you propose to be taken against the defaulting developers who have clearly violated the spirit & specifications mentioned in the commencement certificates?

d. What action(s) you would propose against the officers or the departments of the PMC which overlooked the compliance of the commencement certificate, and provided completion and occupancy certificate to the developers without ensuring that the specifications mentioned in the commencement certificates has been complied with in letter & spirit?

e. What instructions or penalties or punitive measures you would impose upon the developers who have blatantly violated the directives of the commencement certificates for provision of solar water heaters?

f. What plans and curative measures you would like to propose to ensure that the occupants are supplied with adequate quantity of solar water heaters either by the developers or by the relevant PMC mechanism?

g. How and what actions you and relevant departments will initiate to ensure that this facility is provided to the flat owners in immediate near future?

h. How and what measures you and the relevant departments will initiate to compensate [or order developers to compensate] the flat owners for pain & trauma they have undergone for non provision of this facility which needs to be fulfilled according to the commencement certificates issued by relevant departments?

Scooter & Cycle Parking:

Through our enquiries [under the Rights to Information Act, 2005] we have learnt that for a Phase 1 complex of 5 buildings [140 flats] must have 280 scooter parking and 280 cycle parking. Revised layout plan approved under commencement certificate number CC/4364/06 dated 15th March 2007 clearly mentions that required scooter parking must be 280, and cycle parking must be 280 as well. However, we are pained to inform you that till date no such scooter & cycle parking has been provided. Over 7-8 years have lapsed and flat-owners are deprived of their basic rights of having scooter & cycle parking, for which they have inappropriately charged by the developers.

Our queries have further revealed that according to revised layout plan approved under commencement certificate number CC/2935/14 dated 24th December 2014, these scooter & cycle parking areas seems to have disappeared, and it is shifted outside of the Phase 1 area. We wonder how it is feasible for residents of phase 1 to access the parking area that is beyond the boundary limit of Phase 1.

a. Did your officers or relevant department(s) was aware of this fact that developers have not made appropriate and adequate provisions for scooter & cycle parking that can cater to the entire Phase 1?

b. How come your officer(s) or relevant department provided completion & occupancy certificate when the directions of the PMC were not fulfilled by the developers as mentioned in the layout plans?

c. Given the above-mentioned circumstances, what action(s) would you propose to be taken against the defaulting developers who have clearly violated the directions and specifications set by the PMC with regards to scooter & cycle parking?

d. What action(s) you would propose against the officers or the departments of the PMC which overlooked their own set norms for scooter & cycle parking for a residential complex, and provided completion and occupancy certificate to the developers without ensuring that the norms have been complied with in letter & spirit?

e. What instructions or penalties or punitive measures you would impose upon the developers who have blatantly violated the PMC norms with regards to scooter & cycle parking?

f. What plans and curative measures you would like to propose to ensure that the occupants are provided with adequate numbers of scooter & cycle parking as approved by the PMC?

g. How and what actions you and relevant departments will initiate to ensure that this facility is provided to the flat owners in immediate near future?

h. How and what measures you and the relevant departments will initiate to compensate [or order developers to compensate] to flat owners for pain & trauma they have undergone for non provision of this facility, which needs to be fulfilled according to the PMC norms?

Rainwater harvesting & reuse:

While sanctioning the plan proposed by the developers, the Office of the Dy. City Engineer (Development Plan) vide its commencement certificates nos. DPO/10396/H/75 dated 17 March 2006, DPO/4765/H/84 dated 11 Sept 2006 and DPO/8826/H/91 dated 18th January 2007 developers were asked to provide rainwater harvesting & reuse infrastructure. However, we are pained to inform you that developers have not provided any kind of rainwater harvesting & reuse infrastructure.

a. Did your officers or relevant department(s) was aware of this fact, that developers have not made appropriate and adequate provisions for the rainwater harvesting & reuse infrastructure that can cater to the entire Phase 1?

c. Given the above-mentioned circumstances, what action(s) would you propose to be taken against the defaulting developers who have clearly violated the spirit & specifications mentioned in the commencement certificates?

d. What action(s) you would propose against the officers or the departments of the PMC which overlooked the compliance of the commencement certificate, and provided completion and occupancy certificate to the developers without ensuring that the specifications mentioned in the commencement certificates has been complied with in letter & spirit?

e. What instructions or penalties or punitive measures you would impose upon the developers who have blatantly violated the directives of the commencement certificates for provision of rainwater harvesting & reuse infrastructure?

f. What plans and curative measures you would like to propose to ensure that the occupants are supplied with adequate rainwater harvesting & reuse infrastructure either by the developers or by the relevant PMC mechanism?

g. How and what actions you and relevant departments will initiate to ensure that this facility is provided to the flat owners in immediate near future?

h. How and what measures you and the relevant departments will initiate to compensate [or order developers to compensate] the flat owners for pain & trauma they have undergone for non provision of this facility which needs to be fulfilled according to the commencement certificates issued by relevant departments?

Wet & Dry Garbage Management:

While sanctioning the plan proposed by the developers, the Office of the Dy. City Engineer (Development Plan) vide its commencement certificates nos. DPO/10396/H/75 dated 17 March 2006, DPO/4765/H/84 dated 11 Sept 2006 and DPO/8826/H/91 dated 18th January 2007 developers were mandated to provide functional wet & dry waste management. Upon our repeated requests developers have failed to produce PMC certificate to demonstrate such a facility.

a. Did your officers or relevant department(s) was aware of this fact, that developers have not made appropriate and functional wet & dry waste management infrastructure that can cater to the entire Phase 1?

c. Given the above-mentioned circumstances, what action(s) would you propose to be taken against the defaulting developers who have clearly violated the spirit & specifications mentioned in the commencement certificates?

d. What action(s) you would propose against the officers or the departments of the PMC which overlooked the compliance of the commencement certificate, and provided completion and occupancy certificate to the developers without ensuring that the specifications mentioned in the commencement certificates has been complied with in letter & spirit?

e. What instructions or penalties or punitive measures you would impose upon the developers who have blatantly violated the directives of the commencement certificates for provision of functional wet & dry waste management infrastructure?

f. What plans and curative measures you would like to propose to ensure that the occupants are supplied with functional wet & dry waste management infrastructure either by the developers or by the relevant PMC mechanism?

g. How and what actions you and relevant departments will initiate to ensure that this facility is provided to the flat owners in immediate near future?

h. How and what measures you and the relevant departments will initiate to compensate [or order developers to compensate] the flat owners for pain & trauma they have undergone for non provision of this facility which needs to be fulfilled according to the commencement certificates issued by relevant departments?

Sewage & Drainage Infrastructure:

While sanctioning the plan proposed by the developers, the Office of the Dy. City Engineer (Development Plan) vide its commencement certificates nos. DPO/10396/H/75 dated 17 March 2006, DPO/4765/H/84 dated 11 Sept 2006 and DPO/8826/H/91 dated 18th January 2007 developers were mandated to provide functional sewage & drainage infrastructure. Upon our repeated requests developers have failed to produce PMC certificate to demonstrate such a facility. We are pained to inform you that drainage facilities provided by the developers are inadequate in nature. As a consequence water from the balconies is let off in the parking areas. This has created unhygienic conditions in the complex and is spreading waterborne communicable diseases.

a. Did your officers or relevant department(s) was aware of this fact, that developers have not made appropriate and functional sewage & drainage infrastructure that can cater to the entire Phase 1?

c. Given the above-mentioned circumstances, what action(s) would you propose to be taken against the defaulting developers who have clearly violated the spirit & specifications mentioned in the commencement certificates?

d. What action(s) you would propose against the officers or the departments of the PMC which overlooked the compliance of the commencement certificate, and provided completion and occupancy certificate to the developers without ensuring that the specifications mentioned in the commencement certificates has been complied with in letter & spirit?

e. What instructions or penalties or punitive measures you would impose upon the developers who have blatantly violated the directives of the commencement certificates for provision of functional sewage & drainage infrastructure?

f. What plans and curative measures you would like to propose to ensure that the occupants are supplied with functional sewage & drainage infrastructure either by the developers or by the relevant PMC mechanism?

g. How and what actions you and relevant departments will initiate to ensure that this facility is provided to the flat owners in immediate near future?

h. How and what measures you and the relevant departments will initiate to compensate [or order developers to compensate] the flat owners for pain & trauma they have undergone for non provision of this facility which needs to be fulfilled according to the commencement certificates issued by relevant departments?

Connecting Road:

While sanctioning the plan proposed by the developers, the Office of the Dy. City Engineer (Development Plan) vide its commencement certificates nos. DPO/10396/H/75 dated 17 March 2006, DPO/4765/H/84 dated 11 Sept 2006 and DPO/8826/H/91 dated 18th January 2007 developers were mandated to provide connecting road [that connects the complex with the main DP road] of appropriate dimensions & quality. We are pained to inform you that such a connecting road is not built by the developers till date. As a consequence several minor and major accidents have happened, and the very life of the residents is always under threat.

a. Did your officers or relevant department(s) was aware of this fact, that developers have not made connecting road that can cater to the entire Phase 1?

c. Given the above-mentioned circumstances, what action(s) would you propose to be taken against the defaulting developers who have clearly violated the spirit & specifications mentioned in the commencement certificates?

d. What action(s) you would propose against the officers or the departments of the PMC which overlooked the compliance of the commencement certificate, and provided completion and occupancy certificate to the developers without ensuring that the specifications mentioned in the commencement certificates has been complied with in letter & spirit?

e. What instructions or penalties or punitive measures you would impose upon the developers who have blatantly violated the directives of the commencement certificates for provision of connecting road?

f. What plans and curative measures you would like to propose to ensure that the occupants are supplied with connecting road either by the developers or by the relevant PMC mechanism?

g. How and what actions you and relevant departments will initiate to ensure that this facility is provided to the flat owners in immediate near future?

h. How and what measures you and the relevant departments will initiate to compensate [or order developers to compensate] the flat owners for pain & trauma they have undergone for non provision of this facility which needs to be fulfilled according to the commencement certificates issued by relevant departments?

Fencing:

While sanctioning the plan proposed by the developers, the Office of the Dy. City Engineer (Development Plan) vide its commencement certificates nos. DPO/10396/H/75 dated 17 March 2006, DPO/4765/H/84 dated 11 Sept 2006 and DPO/8826/H/91 dated 18th January 2007 developers were mandated to provide fencing.

a. Can you please ascertain that officers or relevant department(s) have verified weather the fencing is built as per the specification of the PMC?

b. In case, such verification has not been conducted, then how you propose to ensure that developers build the fencing as per PMC mandated specifications?

Open space:

While sanctioning the plan proposed by the developers, the Office of the Dy. City Engineer (Development Plan) vide its commencement certificates nos. DPO/10396/H/75 dated 17 March 2006, DPO/4765/H/84 dated 11 Sept 2006 and DPO/8826/H/91 dated 18th January 2007 developers were mandated to provide open space.

a. Can you please ascertain that officers or relevant department(s) has verified whether the open space has been made available as per the specification of the PMC?

b. In case, such open space has not been made available, then how you propose to ensure that developers create such an open space to be used by the flat owners?

Elevators safety:

It has been brought to our notice that safety and fitness certificate is essential for the elevators. We have been also informed that transparent doors, cctv camera’s and fire extinguishers are a must in the elevators. We are sorry to inform you that there are no cctv camera’s and fire extinguishers established in the elevators by the developers.

a. Can you please ascertain that officers or relevant department(s) has verified whether the developers have complied with all necessary specifications especially transparent doors, cctv camer’s and serviceable fire extinguishers in the elevators?

b. In case, such specifications are not complied with, then how you propose to ensure that developers fulfill all necessary compliances and ensure that elevators are safe for use?

Car Parking Areas:

We wish to bring it to your notice that developers have sold the parking areas to the flat owners. It has been brought to our notice that majority of the parking areas sold to the flat owners do not match the specifications as per the norms of the PMC.

a. While sanctioning the plan, did the PMC officers provided guidelines to the developers with regards to the minimum area for each parking slot?

b. Did your officers or relevant department(s) has verified that the parking areas sold to the flat owners match the specifications or necessary requirements stipulated by the PMC?

c. In case such specifications were not met, how come your officer(s) or relevant department provided completion & occupancy certificate without ensuring that parking areas meet the PMC established standards?

d. Given the above-mentioned circumstances, what action(s) would you propose to be taken against the defaulting developers?

e. What plans and curative measures you would like to propose to ensure that the flat owners are reallocated the parking spaces which match the requirements or specifications stipulated by the PMC?

f. How and what measures you and the relevant departments will initiate to compensate [or order developers to compensate] the flat owners for pain & trauma they have undergone for non provision of this facility which needs to be fulfilled according to the commencement certificates issued by relevant departments?

Visitors parking:

It is our understanding that each residential complex must have a guest or visitors parking area separate from the parking allotted to the flat owners. We are pained to inform you that developers of this project have not provided any such dedicated parking area or if the area exists have not demarcated the area for guests or visitors. As a consequence both the flat owners and the visitors have to face hardships.

a. Was the provision of the visitors parking part of the original & revised plans submitted by the developers and sanctioned by the relevant authorities of the PMC?

b. Did your officers or relevant department(s) was aware of this fact, that developers have not provided or demarcated dedicated area for visitors parking for Phase 1?

d. Given the above-mentioned circumstances, what action(s) would you propose to be taken against the defaulting developers if they are found to have not complied with this requirement?

The Prayer:

As evident from the above stated facts, the Phase 1 of the Palladium Grand complex located at s/no. 17/1-A/2, Dhanori, Pune 411015 is not complete in any respect. We wonder how come your officers and relevant departments ensured that developers get the completion and occupancy certificate. Therefore, we pray to you the following:

Phase 1 of the Palladium Grand complex is treated incomplete, and the developers may please be directed to complete the remaining work as per the norms set by the PMC without any further delay.

Developers may please be directed to ensure that the residents face no hardship or inconvenience or difficulties, and that they should not resort to any kind of heavy handedness.

Water being the life saving commodity, developers/builders may be instructed to ensure supply of adequate quantity of usable & drinkable water (as per the norms of PMC) to the Phase 1, as pledged by the developers in the affidavits submitted to the PMC.

Developers may please be directed to the aptly and appropriately compensate the flat owners for not providing the facilities and services as mandated by the PMC.

Developers may be ordered to stop work on all their projects unless they complete the Phase 1 of the Palladium Grand as per the PMC norms.Developers may be black listed for misleading the civil authorities by not complying with the pledges made to your office, and for blatantly violating the rules, procedures and norms established by the Pune Municipal Corporation.

We sincerely hope that your good office and the relevant departments and/or officers of the PMC will take serious note of the issues raised in this memorandum and will initiate exemplary action against the defaulting developers.

We would further be happy to meet you or any of your officers in person to apprise them of the minute details of each of the issues raised here. At the same time we would appreciate spot visits/surveys by your officers to abreast themselves of the ground realities in consultation of the interim ad-hoc committee of the Palladium Grand flat owners.

Undersigned have been authorized by the flat owners to communicate this memorandum to you on their behalf. Further the signatures and support letters of individual flat owners are appended to this memorandum.

We look forward to your response at the earliest and prompt action in this regard,